Date: 17-02-2020
Business: Called out at 11.27 am
Adv. Disha Vardhan for plaintiff present and filed affidavit of service. She submitted that writ of summons has been served on defendant, as per affidavit of service on 06.02.2020.
None present for defendant.
Matter stands Adj for appearance to 02.03.2020.
Next Purpose: FOR APPERANCE
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Sonal for plaintiff present.
Sunil Bhujbal, Clerk of Adv. Kalpesh Nancy for defendant present and filed vakalatnama for Defendant.
Keep back
L.O.
Adv. Kalpesh Nansi for the defendant present and filed an application for grant of time to file W/S.
O- Three weeks time granted.
Matter stands Adj for 21.03.2020 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 04.04.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 12.10.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 26/10/20
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
06
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.28/2020
Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 4/11/2020 for written statement.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/9/2020 of this Court.
Matter adjd to 10/11/2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/9/2020 of this Court.
Matter adjd to 02/12/2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 09/12/2020 for w/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv.Sonal Darbar for plaintiff present.
Matter adjd to 07.01.2021 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Priti Gada for plaintiff present.
None present for defendant.
Matter adjd to 22.01.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. Preeti Gada for plaintiff present.
Adv. for defendant absent.
The defendant did not filed written statement. Suit to proceed without WS against defendant.
Matter adjd to 08-02-2021 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv.Sonal Darbar for plaintiff present.
None present for defendant.
KB
LO
Same appearance.
Affidavit of examination-in-chief, Exh.4 filed by Adv.of plaintiff t.o.r.
List of documents, Exh.5 filed by Adv.of plaintiff t.o.r.
Matter adjd to 15.02.2021 for statement of truth.
Next Purpose: FOR___________________
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Plaintiff Present.
Adv. Preeti Gada for plaintiff present.
Adv. for defendant absent.
Adv. for plaintiff filed statement of Truth t.o.r. Marked as Exh. 6
PW No. 1-Mr. Nayan Leharchand Mepani resumed on S.A. Exh. 4
Order bellow Exh. 5
The documents Sr. No. 1 to 4 with this list are exhibited. Its evidentiary value will be considered at the time of final argument.
Original Bill of Exchange cum demand promissory note dated 19/01/2016.
Original Bank Certificate Dated 22/12/2020 confirming the entries of loan amount and interest amount issued by the plaintiff\''s Banker.
Original Demand Notice dated 31/05/2019 alongwith postal receipt issued by the Plaintiff\''s advocate to the Defendant.
Acknowledgment Card.
Adv. for plaintiff filed evidence closed pursis Exh. 11
Matter adjd to 25/02/2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Preeti Gada for plaintiff present.
Adv.for defendant absent.
Matter adjd to 01.03.2021 for argument of plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.Preeti Gada for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.12 for converting the present commercial suit into a summary suit t.o.r. O-put up for argument.
Matter adjd to 11.03.2021 for argument on Exh.12.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv.Sonal Darbar for plaintiff present.
None present for defendant.
Matter adjd to 30.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Ms.Jinklle Vira h/f. Adv.Preeti Gada for plaintiff present.
None present for defendant.
Adv. of plaintiff seeks time. Time granted as last chance.
Matter adjd to 23.04.2021 for argument on Exh.12.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.06.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 25.06.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence, matter is adjd to 27.07.2021 for arguments.
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv.. Jinklle Vira for plaintiff present.
None present for defendant.
Adjd for argument to 12/08/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present.
K.B.
L.O. at 1.40 p.m.
Adv. Sonal Darbar for plaintiff present.
None present for defendant.
The Ld.Adv. for the plaintiff submits that she has filed application Exh.12 seeking direction to the Registrar to register the suit as Summary Suit instead of Commercial Suit. The plaintiff is directed to file NM regarding the same. With these directions, application (Exh.12) is disposed off.
Matter adjd to 18.08.2021 for filing N/M by the plaintiff.
Next Purpose: NM FIRST ON BOARD
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM FIRST ON BOARD
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv.Jinklle Vira for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
Matter adjd. to 06.09.2021 for affidavit of service (NM).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.48 pm
Adv.Sonal Darbar for plaintiff present.
Adv. of plaintiff filed registered NM No.1890/21 a/w. affidavit in support t.o.r.
Matter adjd to 21.10.2021 for service of affidavit on registered NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.18 pm
Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
None present for defendant.
On oral request of advocate of plaintiff, matter adjd for filing service affidavit on 16.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.16 pm,
Adv.Preeti Gada for plaintiff present. She filed service affidavit in NM No.1890/21, Exh.13 t.o.r.
KB
LO at 01.55 pm,
Adv.Preeti Gada for plaintiff present.
Matter adjd to 26.11.2021 for reply on NM and order.
Next Purpose: REPLY
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
None present for defendant.
Read the service affidavit, Exh.13. The defendant though served with the notice of motion, failed to appear and file reply. The defendant has appeared in the suit vide vakalatnama Exh.2. He failed to remain present. Hence, notice of motion No.1890/21 shall proceed without reply.
KB
LO at 12.24 pm,
Adv.Preeti Gada for plaintiff present.
Heard Adv.of plaintiff on NM No.1890/21.
Matter adjd to 14.12.2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None present for plaintiff.
None present for defendant.
KB for order
LO at 03.11 pm,
As other similar matter is kept on 05.01.2022, hence, adjourned.
Matter adjd to 05.01.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: As Commercial Suit No.28/2020 is converted as Summary Suit No. 16/2022 and same is transferred to CR No.15.
Matter adjd to 03.03.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: None present.
Matter is adjourned for service to 01-07-2022.
Later on
Adv. Sonal Darbar for plaintiff present.
He filed application on behalf of the plaintiff for issuance of fresh writ of summons.TOR
Next Purpose: SERVICE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Disha Vardhan for Plaintiff present.
None present for defendant.
O :- Issue fresh summons.
Adjd to 21/09/2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: As court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Adv.Priti Gada present for plaintiff, submit the service report TOR marked as Exh.14. On perusal of report the name of proprietor not mention in either plaint or report, the plaintiff to take steps.
None present for defendant.
Matter stands adjourned for steps on 24-08-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Adv.Vanshika Mahajan present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for steps on 03-11-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Adv.Jitendra Gupta h/f Priti Gada present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for steps on 03-04-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv.Vanshika Mahajan present for plaintiff.
None present for defendant.
Kept back.
L.O. at 12.35 pm.
Adv. Vanshika Mahajan present for plaintiff, tendered Draft Chamber Summons along with affidavit TOR.
O- Leave granted to register.
None present for defendant.
Matter stands adjourned for Chamber Summons reply on 10-7-2024.
Next Purpose: C/S REPLY
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: None present.
Kept back.
L.O. at
Adv. Vanshika Mahajan present for plaintiff,
The plaintiff has not submitted that the Chamber Summons filed dated 03-04-2024 was not affirmed by the plaintiff, hence, the plaintiff not pressed earlier draft Chamber Summons to which leave was granted as per roznama dated 03-04-2024. The plaintiff want to file another Chamber Summons withdrawing this Chamber Summons. Hence, the draft Chamber Summons dated 03-04-2024 stands disposed as withdrawn. It be registered for statical purpose. The plaintiff is permitted take out fresh Chamber Summons.
Plaintiff tendered Draft Chamber Summons along with affidavit TOR.
O- Leave granted to register.
None present for defendant.
Matter stands adjourned for Chamber Summons reply
on 03-09-2024.
Next Purpose: C/S REPLY
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: As presiding office is on leave. Hence, matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: None present.
Kept back.
Later on at 11.45 am.
Adv. Vanshika Mahajan present for plaintiff, tendered original register Chamber Summons No.1536/24 TOR.
None present for defendant.
Matter stands adjourned for Chamber Summons reply
on 03-12-2024.
Next Purpose: C/S REPLY
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff present. She tendered affidavit of service in chamber summons No.1536/2024. TOR.
None present for defendant.
As per the report, the chamber summons is served upon proposed defendant.
Matter stands adjourned to 29.01.2025 for chamber summons
hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: C/S HEARING
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: Mr. Nayan Laherchand Mapani Vs Neminath Developers
Adv. Vanshika Mahajan present for plaintiff.
Defendant side called, but absent.
Exh.15-Affidavit of service of chamber summons No.101536 / 2024.
Perusal shows that through Chamber Summons No.101536 / 2024, the plaintiff has prayed for addition of Jayesh Dedhia as defendant No.2. According to plaintiff, proposed defendant No.2 Jayesh is partner of defendant No.1 Neminath Developers. As plaintiff got delayed information about the partner, they preferred the present chamber summons at this belated stage.
Plaintiff also filed affidavit of service on 03.12.2024, stating that the proposed defendant is served regarding the chamber summons.
Roznama shows that defendant is continuously absent.
As the chamber summons is unchallenged and considering its technical nature, it is disposed off, by following order -
ORDER
1. Chamber Summons No. 101536 / 2024, is allowed.
2. By next date, plaintiff shall carry out necessary amendment, shall file copy of amended plaint and shall supply copy of amended Plaint to defendants.
3. If plaintiff fails to comply the Order by next date, then the Suit shall proceed further.
4. Order pronounced in Open Court.
5. Record of Chamber Summons No. 101536 / 2024 shall be part of Summary Suit No. 100016 / 2022.
Suit is adjourn to 22.04.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Matter is for recovery of amount. There are elements of settlements. Matter is referred to Mediation.
Matter stands adjourned to 21-08-2025 Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-08-2025
Date: 21-08-2025
Business: None present.
Kept back.
Later on at 3.20 pm.
None present.
Matter stands adjourned to 13-11-2025 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: None present.
Kept back.
Later on at 12.45 pm.
Adv. Vanshika Mahajan h/f Preeti Gada present for plaintiff, tendered copy of amended plaint TOR marked as Exh.1A.
None present for defendant.
Matter stands adjourned to 19-01-2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-01-2026
Date: 19-01-2026
Business: None present.
Matter is reflected matter is adjourned to mediation report. It is apprised matter is refereed to 10.07.2025 we interned in the year of 2026 court is how the matter is not settled.
Therefor mediation report of caption.
Matter stands adjourned to 06.05.2025 for steps and dismissal.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-05-2026
Date: 06-05-2026
Business: As the Court is busy in hearing final arguments in Suit No. 255/1988 and Suit No. 125/1991 (which is more than 34 years old), and dictating an order in Commercial Suit No. 646/2024 and in Suit No. 6944/2005 and Suit No. 8515/1992, the rest of Civil board stands discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2026
Date: 28-07-2026
Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff present.
None appeared for the defendant.
Matter adjourned to 19.09.2026 for mediation report.
Judge
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-09-2026
Date: 19-09-2026
Business: Adv. Purva Rane h/f Adv. Preeti Gada for plaintiff present.
None appeared for the defendant.
Mediation non-starter report Exh-17 filed along with letter
Exh-16.
Matter adjourned to 25.11.2026 for writ of summons against defendant no.2
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-11-2026